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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMES AMENDMENT (CHILD HOMICIDE) BILL 2007

                 PARLIAMENT OF VICTORIA

   Crimes Amendment (Child Homicide) Bill 2007



                      TABLE OF PROVISIONS
Clause                                                             Page
  1    Purpose                                                        1
  2    Commencement                                                   2
  3    New section 5A inserted in Crimes Act 1958                     2
       5A       Child homicide                                        2
  4    Increased penalty for negligently causing serious injury       2
  5    Dangerous driving causing death or serious injury              2
  6    New section 610 inserted in Crimes Act 1958                    4
       610      Transitional provision--Crimes Amendment (Child
                Homicide) Act 2007                                    4
  7    Amendments of Acts consequential on creation of new offence
       of child homicide                                              4
  8    Statute law revision                                           6
                          

ENDNOTES                                                             7




561152B.I-4/12/2007                i     BILL LA INTRODUCTION 4/12/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Crimes Amendment (Child Homicide) Bill 2007 A Bill for an Act to amend the Crimes Act 1958 to create a new offence of child homicide and to increase the maximum penalty for certain offences, to make consequential amendments to the Children, Youth and Families Act 2005, the Coroners Act 1985 and the Sentencing Act 1991 and for other purposes. The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Crimes Act 1958-- (a) to create a new offence of child homicide; 5 and (b) to increase the maximum penalty for the offence of negligently causing serious injury; and 561152B.I-4/12/2007 1 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 s. 2 (c) to split the offence of dangerous driving causing death or serious injury into separate offences with different maximum penalties. 2 Commencement 5 This Act comes into operation on the day after the day on which it receives the Royal Assent. See: 3 New section 5A inserted in Crimes Act 1958 Act No. 6231. After section 5 of the Crimes Act 1958 insert-- Reprint No. 19 as at "5A Child homicide 1 December 10 2006 A person who, by his or her conduct, kills a and child who is under the age of 6 years in amending Act Nos circumstances that, but for this section, 16/2004, would constitute manslaughter is guilty of 97/2005, 23/2006, child homicide, and not of manslaughter, and 15 48/2006, liable to level 3 imprisonment (20 years 50/2006, 32/2007 and maximum).". 50/2007. LawToday: www. legislation. vic.gov.au 4 Increased penalty for negligently causing serious injury For the penalty at the foot of section 24 of the 20 Crimes Act 1958 substitute-- "Penalty: Level 5 imprisonment (10 years maximum).". 5 Dangerous driving causing death or serious injury (1) In section 319(1) of the Crimes Act 1958-- 25 (a) omit ", or serious injury to,"; (b) for "level 6 imprisonment (5 years maximum)" substitute "level 5 imprisonment (10 years maximum)". 561152B.I-4/12/2007 2 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 s. 5 (2) After section 319(1) of the Crimes Act 1958 insert-- "(1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to 5 the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).". 10 (3) For section 422A(1) of the Crimes Act 1958 substitute-- "(1) If on the trial of a person charged with an offence against section 318 (culpable driving causing death) the jury are not satisfied that 15 he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1) (dangerous driving causing death), the jury may acquit the accused of the offence charged and find 20 him or her guilty of the offence against section 319(1) and he or she is liable to punishment accordingly. (1A) If on the trial of a person charged with an offence against section 24 (negligently 25 causing serious injury) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 319(1A) (dangerous driving causing 30 serious injury), the jury may acquit the accused of the offence charged and find him or her guilty of the offence against section 319(1A) and he or she is liable to punishment accordingly.". 561152B.I-4/12/2007 3 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 s. 6 6 New section 610 inserted in Crimes Act 1958 After section 609 of the Crimes Act 1958 insert-- "610 Transitional provision--Crimes 5 Amendment (Child Homicide) Act 2007 (1) The amendments of this Act made by the Crimes Amendment (Child Homicide) Act 2007 apply only to offences alleged to have been committed on or after the 10 commencement of that Act. (2) For the purposes of subsection (1) if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Crimes 15 Amendment (Child Homicide) Act 2007, the offence is alleged to have been committed before that commencement.". 7 Amendments of Acts consequential on creation of new offence of child homicide 20 See: Act No. (1) In the Children, Youth and Families Act 2005-- 96/2005. Reprint No. 1 (a) in section 356(1), (2)(a), (3) and (4) after as at "manslaughter," insert "child homicide,"; 23 April 2007 and (b) in section 516(1)(b) after "manslaughter," amending Act Nos insert "child homicide,". 97/2005, 23/2006, 24/2006, 51/2006, 81/2006, 24/2007 and 28/2007. LawToday: www. legislation. vic.gov.au 561152B.I-4/12/2007 4 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 s. 7 (2) In section 17(3)(a)(i) of the Coroners Act 1985, See: after "manslaughter," insert "child homicide,". Act No. 10257. Reprint No. 6 as at 16 July 2007 and amending Act No. 36/2007. LawToday: www. legislation. vic.gov.au (3) In the Crimes Act 1958-- (a) in section 9-- 5 (i) after "or of manslaughter" insert "or of child homicide"; (ii) after "murder or manslaughter" insert "or child homicide"; (b) in section 10(3)-- 10 (i) after "manslaughter" (where first occurring) insert "or child homicide"; (ii) after "manslaughter" (where secondly occurring) insert "child homicide"; (c) after section 421(1)(a) insert-- 15 "(ab) child homicide;"; (d) in section 423 after "manslaughter" insert ", child homicide"; (e) in section 464P(2)(a) after "manslaughter" insert ", child homicide"; 20 (f) in section 464ZGA(2)(a) after "manslaughter" insert ", child homicide"; (g) after item 3 of Schedule 8 insert-- "3AA. Child homicide.". 561152B.I-4/12/2007 5 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 s. 8 See: (4) In the Sentencing Act 1991-- Act No. 49/1991. (a) in section 3(1), in the definition of serious Reprint No. 10 offence, after paragraph (b) insert-- as at 23 April 2007 and "(baa) child homicide; or"; amending 5 Act Nos (b) after clause 2(b) of Schedule 1 insert-- 97/2005, 23/2006, "(baa) child homicide;". 24/2006 and 56/2007. LawToday: www. legislation. vic.gov.au 8 Statute law revision In the Children, Youth and Families Act 2005-- (a) in section 356(1), (2)(a), (3) and (4) before 10 "an offence against" (where first occurring) insert "defensive homicide,"; (b) in section 516(1)(b) before "an offence against" (where first occurring) insert "defensive homicide,". 561152B.I-4/12/2007 6 BILL LA INTRODUCTION 4/12/2007

 


 

Crimes Amendment (Child Homicide) Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561152B.I-4/12/2007 7 BILL LA INTRODUCTION 4/12/2007

 


 

 


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